Procedures, Policies, & Regulations for the Act Relative for Background Checks

Transcription

1 Procedures, Policies, & Regulations for the Act Relative for Background Checks Enacted in January 2013 by Governor Patrick Chapter 459 of the Acts of 2012 Presented by Mickey Fredericks, Human Resources & Data Administrator

2 CORI S vs. Background Check CORI Law CORI s will still be processed yearly CORI s DO NOT cover Federal Crimes and Pornography Crimes outside of Massachusetts. Nor does it cover any crime committed in another state. M.G.L. c. 71, 38r requires all schools to conduct criminal background checks on current and prospective employees and volunteers, including those who regularly provide school related transportation to students, who may have direct and unmonitored contact with children. The responsibility is on the district to check all subcontractors, volunteers, interns, student teachers, employees, substitutes, work study sites etc. FREE for Districts to process with no cost to the subject The criminal background check already done in Massachusetts is a CORI (Criminal Offender Record Information) check, which relies on one s reported name(s) and reveals criminal background information that has been entered in the courts of Massachusetts only. Background Check Law Fingerprinting must be done by the FBI and have legislative permission The law states that the applicant shall pay the fee Background checks be conducted in a manner that is consistent with CORI requirements. The new law requires checks of national and state criminal background databases based on one s fingerprints. Both the national component and the reliance on fingerprints are new for school employees in Massachusetts, though similar laws exist in most other states.

3 Westport Community Schools School Committee Policy & Votes Field Trip Chaperones (overnight) Motion to require any volunteer/chaperones participating in an overnight school related activity (i.e. field trip, Washington D.C., Europe, etc) to complete a Background Check in accordance with the new Act Relevant to Background Checks beginning at the start of the next school year (September 2014) Vote: 3-2-0, motion passes Overnight field trip volunteers/chaperones must be fingerprinted Field Trip Chaperones (one day) Motion that we do require chaperones participating in field trips which would only occur during the day under a regular staff employees supervision to complete a Background Check with the understanding and in accordance with the law that they will continue to submit a regular (annual) CORI check beginning at the start of the next school year (September, 2014). Vote: 3-2-0, motion passes Starting next school year Field Trips, day only Volunteers Regular day to day classroom Volunteers DO NOT need to be fingerprinted.

4 Fingerprinting Procedure Person will log into a secure website and select an appointment date, location, and pay. Must pay prior to being fingerprinted (mandatory) $35 for all Non-DESE license holders $55 for all DESE license holders, INCLUDING those with pending licenses Individuals must know the district ID (provided by HR) to register. This will allow chaperones, substitutes, student teachers, and subcontractors the ability to register up to 10 districts at once with out incurring addition expenses. At the time of the appointment they must bring a copy of their appointment sheet and drivers license/state ID and payment if not made online.

5 Fingerprinting Procedures Continued After the fingerprint is taken, the vendor will submit the print to the state police who will then submit the print to the FBI. After the print is submitted to the FBI a record will be generated and forwarded on to the DCJIS for review. DCJIS will redact all sealed convictions and juvenile records. This document will then be forwarded on to the designated school employee (Human Resources). When the report comes back to the district it must be treated in a similar manner to the CORI s (including adverse action). The district MUST log a suitability determination on ALL individuals fingerprinted regardless of whether or not they have a record. A subsequent employer may rely on the previous employers decision determination only may be shared between districts with no mention of what is actually in the report. If the individual printed has a two year gap in between employment or moves out of state for 3 months or more suitability cannot be considered. IF the district sees something that MAY affect a DESE license holder, we MUST report it to the state EVEN if we don t hire them and/or even if they ve have been an employee. We must report any issues to the state even if we deemed the individual suitable to work in our district.

6 What do you need to make an appointment? Agency/Sector: Pre-K-12 th Education (ESE) Provider/District ID for each district you chaperone in. Westport Community Schools Diman Regional Vocational Technical School Bishop Connolly High School Bishop Stang High Bristol County Agricultural For more school district provider/district ID s please visit:

7 Fingerprinting Procedures Continued Go to:

8 Applicant can choose agency, if you do not have an EEC program please have the applicant select ESE as the regulations are different!

9 VERY IMPORTANT! If they have a DESE license, have applied for a license that may be pending or ready for review they MUST select Licensed Educator and pay $55. If they have never applied or held a ESE license they should select All Other School Personnel and pay $35!

10 Must provide all applicants with your District/Provider ID You should also provide your employees with the 8-digit DESE organizational code for their school or organization, which they will use as the Provider ID during the registration process.

11 Applicant s can add up to TEN different districts! Please remind substitutes and subcontractors that they can add up to ten different districts and only be responsible for paying the fee ONCE. In the event they forget to add a district they will have to be re-fingerprinted and repay!

12 Finding a site closest to you! Important to note and remind applicants that many of these sites are located in nontraditional sites! For example, Brockton, MA site is in a shopping center versus Bourne, MA site is in an industrial park associated with the Department of Homeland Security.

13 Choose a site and make an appointment! Pretty self explanatory but the directions are vague. Remind applicants to note the suite numbers as it may not be clearly identifiable.

14 Payment After completing the process you will be prompted to pay. Applicants have two options, pay online via major credit card or elect to pay at the appointment via check. Checks must be made out to MorphoTrust USA Those who arrive to the appointment without proper payment will not be able to move forward with the fingerprint process. Applicants are required to pay directly to the vendor.

15 Sign off on the acknowledgement and fill out the inner details of your life! The information mirror s the same as on the CORI request form.

16 Don t forget for your Appointment Bring a check made out to MorphoTrust USA or proof of credit card payment. Valid Drivers License

17 Fees K-12 Employees Requires both public and private schools to obtain national fingerprint-based background checks of current and prospective employees who may have direct and unmonitored contact with children. There is a fee associated with conducting these background checks, made up of three parts; the cost to take and process fingerprints, the administrative cost to the state of processing the background check materials between the schools and child care centers and the FBI, and the FBI s fee for running a national fingerprint-based background check. Fees for early educators and K-12 employees who are not required to be licensed by the Department of Elementary and Secondary Education (such as paraprofessionals) will be capped at $35. Fees for K-12 employees licensed by DESE will be capped at $55 this is regardless of whether or not they are working under that license. Because the checks are conducted once, this is a one-time fee.

18 What Happens After I m Fingerprinted? The fingerprints are shipped off electronically to the State Police who sends it on to the FBI. The FBI then produces a report and sends it back to the State Police who redact information protected by law (i.e. sealed convictions, juvenile records, etc.). This redacted report is then forwarded on directly to the district. During the soft launch the reports have been generated and sent to districts within two to three days. When the report is ready the district will receive a secure notifying them a new report is ready.

19 Secure: SAFIS Results

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21 Suitability Report Per the regulations (set forth in 51.07) the suitability report must contain the following information: Applicant s name Applicant s date of birth Date report was taken/processed Date the suitability determination was made Name of district receiving the report Determination made, whether suitable or unsuitable.

22 All Individuals Must Have a Suitability Determination Made 51.03: Individuals Subject to a National Criminal History Check for Suitability Determinations. (1) School employers shall review the results of a national criminal history check for all current and prospective school employees in the following categories: (a) Any full or part-time employee who may have direct and unmonitored contact with children;(b) Any substitute employee who may have direct and unmonitored contact with children;(c) Any student teacher, apprentice or intern working at a school who may have direct and unmonitored contact with children; and(d) Any individual who regularly provides school related transportation to children.(2) School employers may review the results of a national criminal history check for certain individuals who may have direct and unmonitored contact with children, including: (a) Any volunteer; and(b) Any subcontractor or laborer commissioned by the school employer, or employed by the city or town, to perform work on school grounds or with students.(3) In the case of an individual directly hired by the school committee, such as a superintendent of schools, the chair of the school committee shall review the results of the national criminal history check.

23 An Unsuitable Report An unsuitable report must follow the CORI requirements. If the applicant is a license holder the information must be shared with the DESE. Before taking adverse action on an employment applicant's application for employment based on the employment applicant's SAFIS, an employer shall: 1. comply with applicable federal and state laws and regulations; 2. notify the employment applicant in person, by telephone, fax, or electronic or hard copy correspondence of the potential adverse employment action; 3. provide a copy of the employment applicant's SAFIS to the employment applicant; 4. provide a copy of the employer's SAFIS Policy, if applicable; 5. identify the information in the employment applicant's SAFIS that is the basis for the potential adverse action; 6. provide the employment applicant with the opportunity to dispute the accuracy of the information contained in the SAFIS; 7. provide the employment applicant with a copy of DCJIS information regarding the process for correcting SAFIS; and 8. document all steps taken to comply with 803 CMR 2.17

24 Any Questions?